Delaware Code
10 Del. C. § 3904 (2026)
Suits and judgments by and against unincorporated associations
✓ current as of May 2026
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An unincorporated association of persons, including a partnership, using a common name may sue and be sued in such common name and a judgment recovered therein shall be a lien like other judgments, and may be executed upon by levy, seizure and sale of the personal and real estate of such association, and also that of the persons composing such association in the same manner with respect to them as if they had been made parties defendant by their individual names. Satisfaction thereof may also be obtained by attachment process.
13 Del. Laws, c. 32, § 1; Code 1915, § 4198; Code 1935, § 4676; 10 Del. C. 1953, § 3904; 59 Del. Laws, c. 104, § 2;Notes of Decisions
Cited in 6
cases, 1965–2020 · leading case: In Re Valley Media, Inc., 279 B.R. 105 (Bankr. D. Del. 2002).
In Re Valley Media, Inc., 279 B.R. 105 (Bankr. D. Del. 2002). “§ 3104), sue and be sued in its common name (10 Del. C. § 3904), and is subject to writs of attachment to enforce judgments (10 Del.”
Hibou, Inc. v. Ramsing, 324 A.2d 777 (Del. Super. Ct. 1974). “Service upon a partnership through an agent under a “common name” statute (10 Del.C. § 3904) is effective service upon the partnership qua partnership but such service is not essential to maintenance of an action where personal service upon a general partner is available.”
FI Du Pont, Glore Forgan & Co. v. Silliman, 310 A.2d 128 (Del. 1973). “It is to be noted that any doubt as to the meaning of 10 Del.C. § 3904 in this regard has now been removed by the July 1, 1973 amendment thereto, - Del.”
Int'l Union v. Piasecki Aircraft Corp., 241 F. Supp. 385 (D. Del. 1965). “Code § 3904 deal only with identification of the party in suits involving unincorporated associations. They do not affect diversity requirements.”
Haven Fund v. Thompson Door Co., 338 A.2d 574 (Del. Super. Ct. 1975). “10 Del.C. § 3904 was amended July 1, 1973, to allow partnerships to sue and be sued under the partnership name.”
Concerned Citizens of the Estates of Fairway Vill. v. Fairway Cap, LLC (Del. Ch. 2020). “As mentioned, Plaintiffs are all members of an unincorporated association (Concerned Citizens) that has the power to sue and be sued under a common name pursuant to 10 Del. C. § 3904. Fairway Cap has indicated it is prepared to negotiate a Stipulation that will confirm the…”
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